The Portland daily press., 1887-06-03
THE poucHTY CASE.
Witnesses for Defence Heard In the
Admiralty Court at Halifax.
Captain Doughty Frankly Admits the
Purchase Of Bait.
Evidence Closed and Arguments
About to Begin.
Especial to the Press.1

-
HALIFAX, June 1.-The cases of the can
tured American schooners Doughty and
Adams were commenced in the Admiralty
Court today before Chief Justice Mcdonald.
Wallace Granam appeared for the Crown and
Meagher and Newcombe for defence. Wit
nesses for the defence in case of the schooner
Doughty not examined by the commission
were called.
Captain Doughty detailed the story Of his
voyage, how he was forced into port by ice
and the seizure with which the public are
familiar, and frankly admitted purchasing
bait offered him at st. AIMS to replace the
bait brought with him from Portland, but
which spoiled during his enforced detention
by the ice blockade. The touch and trade
permit given the Doughty by the collector at
Portland was rendered in evidence.
On cross examination he said he had been
a fisherman and shipper twenty-four years.
but never before saw touch and trade per-
NIT. They were not used or required during
the Washingto treaty. Failingto get fish
on the Western Bank he decided to go to st.
PauPs island. lie hsdnever fished there be-
fore. Quero Bank was forty miles from the
Western Bank. The ice was inshore when
he first saw it and would not have prevented
his going to the other banks. He knew the
law that came into force at the abrogation
of the Washington treaty, but felt safe be-
cause he purchased the bait to replace that
which he had spoiled during his detention,
only to use outside the three mile limit
Henry r. Lawrence, one of the Doughty
crew who had previously fished off ST. Paul's
Island, corroborated Captain Doughty's evi-
dence, and gave expert testimony to the
effect that fresh fish and bait will not keep
In ice fit for use longer than three weeks.
Horace M. Sargent, one of the Portland
owners of the Doughty, identified the touch
and trade permit granted the vessel by the
Portland Collector.
This concluded the evidence and the court
adjourned till tomorrow, when the counsel
will commence their arguments.
[By the Associated Press.l
The arguments in the Ella NJ. Doughty
seizure case were to have begun before Chief
Justice Mcdonald, in the Vice Admiralty
Court, but at the request of the defence no
additlonal evidence was taken to entirely
close the examination of witnesses. Capt
Warren A. Doughty, skipper of the Ella M
Doughty, and one of the owners of the yes-
sci, testified that the schooner sailed from
Portland, Me-, April 26, 1886. She anchored
on the Western Banks on the following Sat-
urday morning. put out her travis that day,
but secured very small catches. Finding
the fishing so poor the captain decided to
proceed to st. Paurs Bank, and got under
weigh Saturday evening. On Monday the
schooner was driven by ice. into Lonisbourg
Harbor, where she remained three days.
She then attempted to proceed, but on Fri
day was forced into North Sydney. where she
was entered and cleared atthe Custsm House.
The ice prevented her from leaving North
Sydney until Monday, when she again got
under weigh, and the same evening anchored
off lngonish.. The following morning an ice
field pressed in on the shore and the schooner
had to put back to st. AIMS Bay. On
wednesday and again Thursday an attempt
was made to put to sea, each time without
success. Capt. Doughty stated he made no
efforts to secure bait, but or Wednesday a
man rowed alongside the vessel and asked
him If he wished to buy some. After exam
lining his supply in the hold and finding it to
be spelling, Captain Doughty bought the
mans bait Afterwards more was offered
him, and at first he refused to buy because
he had no money, but later he obtained
money from the crew and bought it. He
purchased altogether ten or twelve barrels
OF bait. The witness denied having been
warned by the captain of the schooner Lady
Eiauhuu VI tllt uduStT Ol purchasing DalL.
Beyond putting the fresh bait on ice nothing
had been done in the way of prosecuting the
fishing voyage.
On cross-examination by the Canadian
counsel Capt. Doughty stated when he first
saw the field of ice it was in shore and to the
northward. He could not, so far as he
knew, have prevented him from going to
any of the banks. AS soon as he examined
the bait he knew that he required fresh
supply which meant 10 or 10 barrels. The
bait purchased was not for use in any place
that was not outside of the three mile limit